Press Release
FOR IMMEDIATE RELEASE
Date: 08/18/2009

Contact person(s):

Media Coordinator, Terry Menshek - (707) 565-3099 Media Spokesperson, Deputy District Attorney Tashawn Sanders Deputy District Attorney: Marianna Green

Santa Rosa, Sonoma County, California

SEX OFFENDER JONATHAN JOHNSON SENTENCED

District Attorney Stephan Passalacqua announced that on August 17, 2009, defendant Jonathan Johnson pled no contest to six counts of lewd and lascivious behavior with children under the age of 14 in 2003 for a stipulated term of eighteen years in prison. At the time of these offenses, Johnson was a wrestling coach at Alta Mira Middle School in Sonoma and an assistant coach at Sonoma Valley High School.

District Attorney Passalacqua said, “This defendant repeatedly took advantage of a position of trust as a wrestling coach committing these crimes against numerous children.” After consulting with the victims and their families, we felt that this resolution for multiple child molestation crimes was a fair outcome and one that was similar to the proposed resolution prior to the initial trial.”

In September 2008, a Sonoma County Judge Rene Chouteau found Criminal Defense Attorney Chris Andrian provided Jonathan Johnson constitutionally inadequate representation during plea negotiations before trial in 2002. The court vacated the convictions and ordered the District Attorney’s Office to either extend the original offer that was made in 2002 or set the case for trial. In 2002, the District Attorney’s Office offered to allow Mr. Johnson to plead to fifteen felony charges with a maximum exposure of twenty-four years in prison. Upon the court’s ruling in September 2008, attorneys for Jonathan Johnson and the District Attorney’s Office negotiated a settlement agreement in order to avoid a trial and lengthy sentencing hearing, and to provide finality to this case. The agreement, which was approved by the court, permitted Johnson to plead to one count per victim under the age of fourteen that he sexually molested for the aggravated sentence of eighteen years in prison.

In 2002 Jonathan Johnson was charged with committing over 20 sexual offenses against children between the ages of 13 and 15 arising out of his role as a wrestling coach at a Santa Rosa middle school. Chris Andrian represented him in court and advised him about plea bargains. The District Attorney’s Office offered to allow Mr. Johnson to plead guilty to fifteen felony charges, which would have resulted in a maximum sentence of 24 years in prison, with sentencing left up to the judge. Based on Mr. Andrian’s erroneous advice, Johnson rejected the offer and the case proceeded to trial. Mr. Johnson was convicted of nearly all of the charges and the court sentenced him to 30 years-to-life.

Johnson filed a petition for writ of habeas corpus in Superior Court claiming that if Mr. Andrian had properly advised him he would have accepted the District Attorney’s offer. Johnson claimed that Mr. Andrian told him that if he pled guilty he would most likely be sentenced to about 15 years in prison and if he proceeded to trial he would probably receive a sentence of fifteen years to life. Mr. Andrian advised Johnson that if he behaved himself in prison the Parole Board would probably release him after he served thirteen years of his life sentence. Mr. Andrian was unaware of parole regulations that govern the calculations of release dates. Under these rules, the parole board would determine a release date after Johnson served over one hundred years in prison, if at all.

In July 2008, the court held a hearing on Johnson’s petition. Two experts testified that Andrian’s advice about the offer was so erroneous that it fell below the standard of care that criminal defense lawyers must give to their clients. The court agreed. In a written ruling, the court found that the disparity between the advice and the reality was so great as to render the advice constitutionally defective. The court further found that Mr. Johnson relied on this advice to his detriment. The court’s ruling entitled Mr. Johnson to seek a plea agreement with the District Attorney’s Office or proceed to a second trial. Both the District Attorney’s Office and Johnson chose to reach a negotiated disposition to avoid a second trial and to provide finality to this case.